S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4111--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to computer-based assess-
   ment technology apportionment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The  legislature  hereby  finds  it  an
 essential goal to ensure that all New York students receive a high-qual-
 ity  education.  The  legislature  supports  the  goals  of the board of
 regents in developing a rich educational system that  provides  multiple
 pathways  to  graduation,  so  that  all students are college and career
 ready. The legislature also recognizes that ensuring  our  students  are
 fully  prepared  to compete in the global marketplace requires a signif-
 icant investment of time and resources. As such, it is vitally important
 to invest wisely in the development and administration  of  high-quality
 assessments  that  not  only  measure the progress of students attaining
 such standards, but also enhance the overall goal of  student  learning.
 However,  the  financial investments associated with the development and
 administration of high-quality assessments are not yet  fully  measured,
 and  have  the  potential  to be significant. Therefore, the legislature
 determines that the costs associated with the  development,  implementa-
 tion,  and administration of high-quality assessments shall not be borne
 by local taxpayers, and shall instead be  fully  funded  with  financial
 support from the state.
   §  2. The education law is amended by adding a new section 756 to read
 as follows:
   § 756. COMPUTER-BASED ASSESSMENT TECHNOLOGY APPORTIONMENT. 1. IN ADDI-
 TION TO ANY OTHER APPORTIONMENTS UNDER THIS  CHAPTER,  FOR  AID  PAYABLE
 BEGINNING  IN  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
 YEAR, A SCHOOL DISTRICT AND BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05013-03-7

 A. 4111--A                          2
 
 SHALL  BE  ELIGIBLE  FOR  AN  APPORTIONMENT UNDER THE PROVISIONS OF THIS
 SECTION FOR ALL TECHNOLOGY PURCHASES NECESSARY TO  ADMINISTER  COMPUTER-
 BASED STATE ASSESSMENTS.
   2. FOR PURPOSES OF THIS SUBDIVISION, "TECHNOLOGY PURCHASES" SHALL MEAN
 NEW  PURCHASES OF, AND/OR UPGRADES OF EXISTING, COMPUTERS AND ANY COMPU-
 TER-RELATED EQUIPMENT, INCLUDING HARDWARE AND  ANY  NECESSARY  SOFTWARE,
 NEEDED  TO  ADEQUATELY  ADMINISTER REQUIRED COMPUTER-BASED STATE ASSESS-
 MENTS.
   3. THE TECHNOLOGY PURCHASES SHALL BE OF A SUFFICIENT QUALITY TO:
   A. PROPERLY  AND  SECURELY  ADMINISTER  EACH  REQUIRED  COMPUTER-BASED
 ASSESSMENT PRESCRIBED BY THE DEPARTMENT; AND
   B.  PROPERLY  HANDLE  THE  NUMBER  OF  STUDENTS IN A PARTICULAR SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  TAKING  A  COMPU-
 TER-BASED  STATE ASSESSMENT AT A GIVEN TIME, IN THE TIME ALLOTTED BY THE
 DEPARTMENT.
   4. NO SCHOOL DISTRICT SHALL  BE  REQUIRED  TO  PURCHASE  OR  OTHERWISE
 ACQUIRE  INSTRUCTIONAL  COMPUTER  HARDWARE  OR TECHNOLOGY EQUIPMENT, THE
 COST OF WHICH EXCEEDS THE AMOUNT OF STATE AID PROVIDED PURSUANT TO  THIS
 SECTION.
   5.  THE  APPORTIONMENT  PROVIDED  FOR IN THIS SECTION SHALL BE PAID AT
 SUCH TIMES AS MAY BE DETERMINED BY THE COMMISSIONER AND APPROVED BY  THE
 DIRECTOR OF THE BUDGET, DURING THE SCHOOL YEAR IN WHICH THE EXPENDITURES
 ARE  REPORTED  TO  THE  DEPARTMENT  PRIOR TO SUCH APPORTIONMENT, BUT NOT
 EARLIER THAN THE SCHOOL YEAR AFTER THE SCHOOL YEAR IN WHICH EXPENSES ARE
 INCURRED.
   § 3. The commissioner of education shall develop a  plan  to  minimize
 overall  taxpayer  investment  in the development of, and administration
 of, high-quality computer-based state assessments. Such plan shall iden-
 tify the costs of  implementing  computer-based  assessments  and  shall
 focus  on ways to leverage state resources in assessment development and
 administration to minimize the impact  on  local  school  districts  and
 taxpayers.  Such  plan shall be presented to the governor, the temporary
 president of the senate, the speaker of the assembly, and the chairs  of
 the senate and assembly education committees prior to making any commit-
 ment to implementing computer-based testing, but not later than December
 1, 2017.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4111--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted  to said committee -- recommitted to the
   Committee on Education in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to computer-based assess-
   ment technology apportionment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature hereby finds it an
 essential goal to ensure that all New York students receive a high-qual-
 ity education. The legislature  supports  the  goals  of  the  board  of
 regents  in  developing a rich educational system that provides multiple
 pathways to graduation, so that all  students  are  college  and  career
 ready.  The  legislature  also recognizes that ensuring our students are
 fully prepared to compete in the global marketplace requires  a  signif-
 icant investment of time and resources. As such, it is vitally important
 to  invest  wisely in the development and administration of high-quality
 assessments that not only measure the  progress  of  students  attaining
 such  standards,  but also enhance the overall goal of student learning.
 However, the financial investments associated with the  development  and
 administration  of  high-quality assessments are not yet fully measured,
 and have the potential to be  significant.  Therefore,  the  legislature
 determines  that  the costs associated with the development, implementa-
 tion, and administration of high-quality assessments shall not be  borne
 by  local  taxpayers,  and  shall instead be fully funded with financial
 support from the state.
   § 2. The education law is amended by adding a new section 756 to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05013-05-8
              

 A. 4111--B                          2
 
   § 756. COMPUTER-BASED ASSESSMENT TECHNOLOGY APPORTIONMENT. 1. IN ADDI-
 TION  TO  ANY  OTHER  APPORTIONMENTS UNDER THIS CHAPTER, FOR AID PAYABLE
 BEGINNING IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,
 A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE
 ELIGIBLE  FOR  AN APPORTIONMENT UNDER THE PROVISIONS OF THIS SECTION FOR
 ALL TECHNOLOGY PURCHASES NECESSARY TO  ADMINISTER  COMPUTER-BASED  STATE
 ASSESSMENTS.
   2. FOR PURPOSES OF THIS SUBDIVISION, "TECHNOLOGY PURCHASES" SHALL MEAN
 NEW  PURCHASES OF, AND/OR UPGRADES OF EXISTING, COMPUTERS AND ANY COMPU-
 TER-RELATED EQUIPMENT, INCLUDING HARDWARE AND  ANY  NECESSARY  SOFTWARE,
 NEEDED  TO  ADEQUATELY  ADMINISTER REQUIRED COMPUTER-BASED STATE ASSESS-
 MENTS.
   3. THE TECHNOLOGY PURCHASES SHALL BE OF A SUFFICIENT QUALITY TO:
   A. PROPERLY  AND  SECURELY  ADMINISTER  EACH  REQUIRED  COMPUTER-BASED
 ASSESSMENT PRESCRIBED BY THE DEPARTMENT; AND
   B.  PROPERLY  HANDLE  THE  NUMBER  OF  STUDENTS IN A PARTICULAR SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  TAKING  A  COMPU-
 TER-BASED  STATE ASSESSMENT AT A GIVEN TIME, IN THE TIME ALLOTTED BY THE
 DEPARTMENT.
   4. NO SCHOOL DISTRICT SHALL  BE  REQUIRED  TO  PURCHASE  OR  OTHERWISE
 ACQUIRE  INSTRUCTIONAL  COMPUTER  HARDWARE  OR TECHNOLOGY EQUIPMENT, THE
 COST OF WHICH EXCEEDS THE AMOUNT OF STATE AID PROVIDED PURSUANT TO  THIS
 SECTION.
   5.  THE  APPORTIONMENT  PROVIDED  FOR IN THIS SECTION SHALL BE PAID AT
 SUCH TIMES AS MAY BE DETERMINED BY THE COMMISSIONER AND APPROVED BY  THE
 DIRECTOR OF THE BUDGET, DURING THE SCHOOL YEAR IN WHICH THE EXPENDITURES
 ARE  REPORTED  TO  THE  DEPARTMENT  PRIOR TO SUCH APPORTIONMENT, BUT NOT
 EARLIER THAN THE SCHOOL YEAR AFTER THE SCHOOL YEAR IN WHICH EXPENSES ARE
 INCURRED.
   § 3. The commissioner of education shall develop a  plan  to  minimize
 overall  taxpayer  investment  in the development of, and administration
 of, high-quality computer-based state assessments. Such plan shall iden-
 tify the costs of  implementing  computer-based  assessments  and  shall
 focus  on ways to leverage state resources in assessment development and
 administration to minimize the impact  on  local  school  districts  and
 taxpayers.  Such  plan shall be presented to the governor, the temporary
 president of the senate, the speaker of the assembly, and the chairs  of
 the senate and assembly education committees prior to making any commit-
 ment to implementing computer-based testing, but not later than December
 1, 2018.
   § 4. This act shall take effect immediately.